Age limit reduced from 21 to 18
Following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45, the UK Border Agency has published new policy guidance in respect of the age limit.
The case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45 challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 prior to the foreign spouse being granted a visa to enter or remain as a spouse or partner. This paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 and raised the minimum age from 18 to 21.
The Supreme Court acknowledged that by an increased age limit the Secretary of State had an ultimate aim of addressing and preventing forced marriages. However, they determined that the increase of the minimum marriage visa age from 18 to 21 disproportionately interfered with the Article 8 rights of those who were in genuine marriages.
In his ministerial statement, Immigration Minister Damian Green stated that..
“...The changes will take effect on 28 November and will reduce the minimum age at which a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years. It will also delete references to a minimum age of 18 for entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a HM Forces sponsor, and the minimum age at which a member of HM Forces may sponsor such an application.”
The new published guidance mainly affects applicants whose applications for entry clearance or leave as a fiancé (e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner
- were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules due to either the applicant or their sponsor were aged between 18 and 20 and;
- Whose application was refused on that basis between 27 November 2008 and October 2011
The new guidance applies to applications made from inside the UK or overseas.
The guidance contains all details as to how affected applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued. The new policy guidance also advises affected applicants as to how they can request a review of an earlier refusal due to the age requirement by 31 May 2012.
It is said that the changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.
If you are an applicant who was affected and refused on the basis of your age or if you/your sponsor are under 21 and wish to submit an entry clearance application, please do not hesitate to contact us and we will endeavour to assist you. You can call us on 020 7569 3035 or email us info@ergensharif.co.uk
Maintenance and accommodation requirements in respect of spousal visas (or unmarried, same-sex partners, civil partners and fiancés)
The majority of the Immigration Rules require that applicants or their sponsors be able to maintain and accommodate them without recourse to public funds (or without further recourse to public funds).
It should be noted that British citizen sponsors or settled sponsors are entitled to receive public funds in their own right. Further, a sponsor in receipt of public funds does not mean that the sponsor cannot satisfy the requirements. However, the sponsor is not permitted to claim additional funds to support the applicant.
There is no minimum figure indicated to demonstrate sufficient maintenance. Instead, the Tribunal in the case of KA and Others (Pakistan) [2006] UKAIT 00065 suggested that families should not be living on less than the income support level available for a British family of the same size.
Third party support
Third party support from family members is allowed where for instance, the sponsor does not have enough funds to support the applicant from their own resources. The family members acting as third party support will be required to give an undertaking as well as provide evidence that they can fulfil their undertaking i.e. because they are self sufficient or working. Evidence of savings and earnings including bank statements (preferably for the last three months) would need to be considered by the entry clearance officer.
In most cases, maintenance will be based on the sponsor’s income and/or the applicant’s employment prospects in the UK. Accommodation may be prospective in some cases however, the entry clearance officer needs to be satisfied that there is a reasonable prospect that adequate accommodation is available and that the couple will own or exclusively occupy the accommodation. This could even be one room in a shared house. It is important to note that the accommodation must not be overcrowded in accordance with the Housing Act 1985. Temporary accommodation provided by family or friends is also permitted as long as the property does not become overcrowded.
For further information as to the evidence required to satisfy the above requirements, please contact us so that an appointment can be booked with an experienced advisor.
Sports Visitors – updates as to Olympic / Paralympic Games Visit visa
Applicants coming to the UK for specific events (including charity events) or tournaments as individual competitors or as members of an overseas team will require entry clearance in this capacity. The sports visitor visa allows applicants to enter the UK without having to apply under the points based system. Applicants seeking entry to the UK for television appearances, promotions or book signings may also be included in this category.
The Immigration Rules do not define what the term ‘sports’ covers however, the Council of Europe’s European Sports Charter 1993 provides a helpful definition:
“Sport means all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being forming social relationships or obtaining results in competition at all levels”.
Amateur sportspersons are also covered in this category including members of the technical or support staff team attending with the amateur or professional sportsperson for the same reason. Examples or support staffs includes coaches, bodyguards and press officers. The entry clearance officer must be satisfied that the applicant does not intend to base himself or herself in the UK.
Amateur and professional persons may also come to the UK for the purposes of short term training. The entry clearance officer must be satisfied that the applicants are not basing themselves in the UK, that they are not being paid by a UK sporting body, they are not joining a UK team and that any matches they are involved in are of a friendly nature or exhibition type.
Amateur sportspersons are permitted to join a club in the UK as a sports visitor provided that the team is represented wholly or predominantly by amateur players and they are not being paid by the club other than for board and living expenses. Therefore, the UK club must be regarded as an amateur one and must not be in a professional league.
Entry clearance is mandatory for visa nationals and leave to enter should normally be granted for 6 months.
It should be noted that sports visitors cannot switch into a category covered by the points based system unless the person holds a Certificate of Sponsorship for the Tier 5 category (creative and sporting) which was issued before they came to the UK. If this is the case then the applicant can use this to apply for leave to remain under the Tier 5 category without having to leave the UK.
The Olympic/Paralympic games visit visa has been introduced for potential Olympic or Paralympic Games family members which includes athletes, coaches, officials, rights holding broadcasters and sponsors who have been identified by the London Organising Committee for the Olympic and Paralympic games (LOCOG). They will be eligible to apply for an Olympic/Paralympic Games Visit visa.
Applicants will need to obtain and provide a written invitation from LOCOG to visit the UK for the Olympic or Paralympic related purposes. Applicants will not be able to switch into another visa from this category whilst in the UK.